De
and I traveled a bit in Europe after we left Israel, specifically in Italy and
Greece. In Greece, one of the places we toured was Olympia, the site of the ancient Olympics.
The
ancient Olympics occurred over a period of 400 years. In modern times, the International Olympic Committee
reinstated the Olympics in 1896.
We
are familiar with the Olympics tradition of carrying the torch from Greece to
wherever the current site of the Olympics is.
The first time that was done was for the summer Olympics 1936. The place: Berlin, Germany.
Now
the three cornerstones of the ancient Olympics were Peace, unity and brotherhood.
The
tourguide showed us the place in Olympia, a kind of fire-pit, where the torch was lit before it was
brought to Berlin. And she said, "Imagine the torch representing brotherhood, peace and unity arriving at the
stadium in Berlin as Adoph Hitler presided in the stands."
The
International Olympics Committee chose Berlin as the site of the Olympics
before Hitler was elected Chancellor.
By 1936, Germany had already instituted anti-Jewish policies, and the
official Nazi paper had an article stating in the strongest terms that Jews and
Blacks should not be allowed to participate.
The
Olympics Committee had considered moving the location of the games but decided
not to.
Thereafter,
much discussion ensued in the US over whether or not to boycott the games.
Judge
Jeremiah Mahoney, president of the Amateur Athletic Union and himself Catholic,
led the attempt to boycott the games on the basis that Germany violated the
rules forbidding discrimination based on race and religion.
FDR
didn’t get involved, believing the Olympic Committee should act independently.
In
the end, Hitler reluctantly allowed participation of Blacks and Jews and chose
one token German woman whose father was Jewish to participate on the German
team. The US sent a
delegation. Jewish athletes on the
US time were asked in some cases not to perform by their managers, and we know
about the victory of Jesse Owens who, it seems, was conflicted about
participating when his Jewish teammates were excluded.
Commemorative Statue of Jesse Owens
Why
do I share this story?
Because
it suggests that ideals are useless unless they are substantiated by rules and
laws to which everyone is held accountable.
Peace. Unity. Brotherhood.
Sounds beautiful. Who
wouldn’t drink l’hayim to peace, unity and brotherhood?
In
fact, Hitler and his supporters were quite prepared to accept the torch that
had traveled from Olympia, Greece, to Berlin, Germany, the torch representing
peace, unity and brotherhood with no intention of peacefully welcoming certain
races and religions into his circle of unity and brotherhood.
To
the extent that he relented at all, it was because the rules specifically
forbade discrimination on the basis of race or religion and because some
people, not all, were courageous enough to stand behind those rules.
The
need for clear rules and laws that concretize essential values, and the need
for courageous people to stand firm in support of those rules and laws, has
never been stronger.
I’m
going to unpack the significance of this morning’s Torah reading in a few
moments. But first, the following:
Recently
the New York Times and the Wall Street Journal featured the same cover
photo. I’m not sure how often that
happens. It showed residents of
Gaza suspected of spying for Israel being rounded up for execution by members
of Hamas. Seems there was no
trial, nothing that would be recognized as even a semblance of due process.
The
execution of these men in front of a cheering crowd bespeaks a total disregard
for the rule of law which, given Hamas’s history, is not surprising.
And
let’s not forget, as well, the horrific photo of an American journalist about
to be beheaded by a member of Islamic State known as ISIS. Hardly in keeping with Geneva
Convention protocol that considers journalists to be civilians with regard to
their right to protection.
The
book of Deuteronomy, the final book of the Torah, which we have been reading,
presents Moses giving several speeches to the children of Israel as they were
about to enter the promised land.
The
portion we read this morning, Shoftim,
deals with laws and due process. It
features the overarching command, צדק צדק תרדף tzedek tzedek tirdof “Justice, justice shall you pursue.” But it doesn’t stop there, because the Torah’s approach
recognizes that a lofty principle needs specifics to back itup. So it mandates the need for enforces and judges. It includes the need for witnesses, two
witnesses, since the testimony of עד אחד ed
echad, one witness, is likely to be less reliable.
The
passages suggest, as well, that there was profound concern that no one be above
the law. One day, the Israelites
are told, you will ask to have a king like all the other nations. And you shall have yourselves a king,
says Moses. But make sure of a few
things:
That the king is an
Israelite, chosen by God.
That the king doesn’t amass large numbers of horses or wives
That he doesn’t take you back to Egypt in order to enrich himself
That the king doesn’t amass large numbers of horses or wives
That he doesn’t take you back to Egypt in order to enrich himself
Finally, that he have a copy
of the law written for him that will serve as his guide.
Here’s
the full description regarding the copy of the law:
When
he is seated on his royal throne, he shall have a copy of this Teaching written
for him on a scroll by the kohanim. Let it remain with him and let him read
it all his life, so that he may learn to revere the Lord his God, to observe
faithfully every word of this Teaching as well as these laws. Thus he will not act haughtily toward
his fellows or deviate from the Instruction to the right or the left.” (Deut. 17:18-20)
I
share all of this because certain realities are universal across time and
space. Some people, especially
when they achieve power, disregard rules and regulations and claim, for all
sorts of reasons, that they can act unilaterally and with impunity. Some people, in certain situations, for
a whole variety of reasons, will act in ways that violate the accepted rules
and laws.
What
we see in ancient Israel, especially in the book of Deuteronomy, is the
emergence of a balance of power that requires everyone to obey the law and is
enforced through the determination and courage of individuals.
Therefore,
the king who disobeys the law doesn’t do so with impunity in ancient Israel because
the prophet who appoints him will criticize him and disappoint him if necessary.
We
need the rule of law to be articulated and enforced precisely because there are
such strong impulses to act in dismissive or damaging or dangerous ways,
To
offer just a few examples from our own day.
When
it comes to military conduct, there is ample reason why international laws
exist. Absent the articulation and
enforcement of international laws, the potential of violence rises
exponentially.
In
a few weeks, we will be viewing a film “Morality on the Battlefield,” before
our Selihot service, about the code of ethics of the IDF, and
specifically about the challenges of asymmetrical warfare.
You
have one side that is a recognized terrorist organization and the other that is
a modern state with an army.
The
ultimate hope for any sort of reconciliation, in my view, lies in the
establishment of a Palestinian state that can legitimately be held to the same
international standard as Israel and that will be held accountable for
preventing its own people from committing acts of terror.
When
Ben Gurion became prime minister of the State of Israel, he took decisive, and
at times severe, steps to curtail the actions of rogue terrorist groups. In a recent op-ed piece in the NY
Times, a Palestinian law student observed that his people need a Ben Gurion.
Meanwhile,
terrorist organizations, which include Hamas and ISIS, that do not submit to
any regulating laws, need to be censured and fought by civilized societies who
wish to protect their own citizens and prevent the spread of violence that is the hallmark of such organizations.
The
rule of law needs to apply when police officers are confronting civilians
suspected of wrongdoing and even violent intent. I hope no one doubts the very real dangers that often face
police officers and the difficulty of assessing the degree of danger at the
moment. But I also hope that all
will agree that the purpose of laws, regulations and protocols is to try to
ensure that as accurate an assessment as possible is made
in such situations.
Laws
well crafted and courageously enforced do not ensure the perfect outcome in
every situation. There sometimes needs to be room for flexibility of
interpretation. There may be legitimate disagreements. There will always be human error.
But
the absence of well-crafted, courageously enforced laws is almost guaranteed to
favor the powerful and privileged.
The
Torah sensed the danger of that, which is why it established a framework of
laws and a system of reinforcement, both of which were further honed and
strengthened with each passing generation, and from which no one, not even the
king, was exempt.
Standing
in Olympia, Greece over a month ago, I looked at the pit where the torch continues
to be lit each time the Olympic Games are held. If indeed we want to keep alive
the flame of peace, unity, brotherhood and sisterhood, we need to fight
injustice and pursue justice with every resource available at our
disposal.
Our
ancestors always understand that nice words are just nice words until proper
rules, laws and enforcement are constructed and maintained. This is how we pursue justice. This is how we pass the true torch from one generation to the next.
Originally delivered at Temple Israel of Great Neck on August 30, 2014
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